Nope, the vast majority of spirits are 40%.
I just finished an HP 12 that was 40%. I bought it in a store here in Oklahoma.
Perhaps they were referring to your state only. In my adventures interested in whisky I have found that many states ( like mine ) have incredibly awkward laws and tax codes related to alcohol. In my own state I even found 3 or 4 different governmental divisions/departments that said different things about the same issue, directly confronting each other. This makes it incredibly difficult for a consumer to know what they should and shouldn't be doing regarding the details of consuming alcohol. At the same time, I understand it because I work for the government. Each office has so much to deal with and the employees are discouraged from having the ambition to better the department, so everyone ends up stuck maintaining some misinformed bureaucrat's status quo.
My guess is that someone did tell whoever imports HP that there was some old law because either there actually is in that state, or because they thought there is. I've noticed that each whisky maker ships into a specific state for all their brands, or is a group of makers that ship into that single location. I have no idea the reason, but those state laws could also affect the process as well, if they are **** locally in that area. To avoid this, many companies (all products) will ship directly in and directly out, so that it's just import work. Then the local market's distributors get ahold of the product like everyone else so it's business as usual and the importer hasn't had to stop and pay truck loads of taxes on every shipment.